Terms and Conditions of Use of Ecocoins Platform



Terms and Conditions of Use of Ecocoins Platform

General Provisions

The text of this Agreement is a public offer and an offer to use this informational and technical resource (hereinafter referred to as the Platform or Service) on the terms and conditions set forth herein.

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE (hereinafter referred to as the Terms and Conditions)!

Clicking “ACCEPT” or getting “ACCESS” to our Platform through Internet or in case of “USING” our services in any other way, YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE AND ALL TERMS AND CONDITIONS indirectly arising out of them.

If you accept these Terms and Conditions on behalf of a legal entity, you confirm that you are authorized to act on behalf of such legal entity, including to comply with these Terms and Conditions of Use.

Thesaurus

Terms used in this Agreement have the following meanings:

User – a person registered in our Platform or otherwise using the Service.
Platform (Service) – a set of information, texts, graphic elements, design, images, photos, video materials, software and hardware used by the Service to process transactions the User performs on the Platform and to store the User’s corresponding actions inside the Platform.
Bitcoins – title units of the payment system that are not prohibited by legislation pursuant to the requirements and restrictions of international law.
Transaction – managing order accepted by the Platform from the User and aimed at performance of any actions with Title Units owned by the User.

The Parties shall interpret all other terms and definitions used in the text of this Agreement pursuant to legislation and usual rules of interpretation of the corresponding terms in the Internet.

Terms and conditions of this Agreement shall be accepted by and shall be binding on the User since the beginning of using the Platform and/or registration thereon.

Warning! If you do not agree with the terms and conditions of this Agreement, do not use the Web-Site and do not register on it.

This Agreement defines procedure for mutual relations arising in the course of using the Platform and its possibilities by the User.

Scope

These Terms and Conditions of Use concern ECOMINING & CRYPTOTRADERS LIMITED, hereinafter referred to as ECOMINING & CRYPTOTRADERS LIMITED, “we” or “our”. ECOMINING & CRYPTOTRADERS LIMITED is a company registered under the laws of United Kingdom of Great Britain and Northern Ireland. These Terms and Conditions apply to any actions of the User on accessing and using our web-site at https://www.ecocoins.com, our online services, as well as any of our services related to the use of this web-site (hereinafter referred to as our services).

Eligibility and Agreement Acceptance

These Terms and Conditions apply to you in case of you use our services. If you do not agree with these Terms and Conditions, you must not use our services. You may use our services only if you are entitled to legally enter into an agreement according to these Terms and Conditions and pursuant to the current legislation within your jurisdiction. If you use our services, you agree with this according to these Terms and Conditions and pursuant to the current legislation and regulatory acts.

Privacy Policy

Our Privacy Policy describes the way we collect, store, use and transmit your personal data and is available at https://www.ecocoins.com/privacy.

Changes to These Terms and Conditions

We may change these Terms and Conditions, including in case of changes in our services, technology, regulatory acts and for other reasons. If we do this, we provide a notice of such changes by placing updated terms and conditions on our web-site with the date of changes and the text “Latest Updates”. Any changes to the Terms and Conditions shall enter into force not earlier than 14 days from the date of their placement on the Service and shall apply to Services in the future. Such changes may enter into force immediately in separate cases if they are related to the introduction of new functions of ECOMINING & CRYPTOTRADERS LIMITED Services or if changes are made for legal reasons. Your further use of Services since entry into force of such changes will mean your agreement with such Terms or Conditions. If you do not agree with changed Terms and Conditions, you must stop using our Services.

ECOMINING & CRYPTOTRADERS LIMITED Services

ECOMINING & CRYPTOTRADERS LIMITED provides its Users with a technical possibility to apply modern economic and math tools to diversify methods of storage, use, as well as investment and gaining profit from Bitcoins using our ECOMINING & CRYPTOTRADERS LIMITED services, also called by us ECOMINING & CRYPTOTRADERS LIMITED. Our services may change with time. This means that we may change, replace or terminate (temporarily or permanently) our services at any time for any reason with or without a notice. In such case, you may be prohibited access or use of our services. If we decide to permanently terminate our services at our own discretion, we will place a notice through our web-site. Additional services include:

Features of using Bitcoin (non-fiduciary) funds:

Bitcoin in our services is conditionally expressed equivalent of USD fiduciary currency with nothing common with fiduciary cash and non-cash funds and is not such funds.
Our ECOMINING & CRYPTOTRADERS LIMITED account is a service of deposit allowing temporary storage of Bitcoins on your ECOMINING & CRYPTOTRADERS LIMITED account in relation to the nominal of conditionally expressed USD fiduciary currency, as well as fixation of the actual cost of your Bitcoins at the time of depositing based on weighted average market BTC – Fiat USD exchange rate with a possibility of further dynamic changes in the fixed cost according to your previously set algorithms of investment instruments. This transaction of depositing and choosing investment algorithms is fixed in the data base of our platform, and you may change it in the account you created.
Your ability to enter Bitcoin to or withdraw from your account may be subject to restrictions, which we may set from time to time at our own discretion.
Replenishing your ECOMINING & CRYPTOTRADERS LIMITED account, you are fully liable for ensuring accuracy of information entered to informational fields when initiating your transfer of funds. This includes the number of your specifically created ECOMINING & CRYPTOTRADERS LIMITED ID and any other information we request. ECOMINING & CRYPTOTRADERS LIMITED cannot cancel a transaction as soon as you initiate it. However, ECOMINING & CRYPTOTRADERS LIMITED reserves the right to suspend or not to process incoming transactions for any reason, including for the purpose of verification whether the transaction was actually initiated by you and, if necessary, whether it was done according to the requirements of corresponding public structures, regulatory authorities or law-enforcement agencies. ECOMINING & CRYPTOTRADERS LIMITED is not liable for force majeure, any action, inaction, error, default, delay, negligence, illegal actions or insolvency of any third party, including any legal entity or individual.

Risks of using Bitcoin:

  •             Price-related risk

The cost of Bitcoins is variable and affects the exchange rate of ECOMINING & CRYPTOTRADERS LIMITED. Price of Bitcoins may vary up to 50 percent throughout the day.

  •             Risk related to computer safety

In case of using an unsafe computer, you may lose access to your Bitcoins. You are liable for the safety of your computer.

  •             Cooperation-related risk

Make sure that when purchasing, selling, exchanging or transferring Bitcoins, you cooperate with a reliable individual or legal entity. Payments in Bitcoins are irrevocable and non-refundable. You may read about risks caused by Bitcoins in more details in explanations issued by foreign Banks.

Bitcoin transactions:

ECOMINING & CRYPTOTRADERS LIMITED cannot ensure and does not guarantee exchange rate of Bitcoins. You recognize and agree with the fact that Bitcoins exchange rate is extremely unstable and that purchase, sale or storage of Bitcoins contains high risks. Besides, Bitcoin united network is fully liable for verification and confirmation of offered transactions you send using our Services, and ECOMINING & CRYPTOTRADERS LIMITED cannot confirm, cancel or revoke a Bitcoin-to-Bitcoin transaction, except for the confirmation of completion of the transaction in Bitcoin network. Bitcoin network is managed by a decentralized network of independent third parties. Upon submission of a request for transaction to Bitcoin network using our Services, Bitcoin network will automatically complete or reject such a request, and you won’t be able to cancel or otherwise change your request for transaction. You recognize and agree with the fact that ECOMINING & CRYPTOTRADERS LIMITED is not liable for any errors or omissions you make in relation to any Bitcoin transaction initiated with the use of our Services. Our Services will help you file a Bitcoin request for confirmation of a transaction in Bitcoin network. Nevertheless, ECOMINING & CRYPTOTRADERS LIMITED has no control over Bitcoin network and, therefore, cannot guarantee completion of a request for any transaction using the Services. You recognize and agree with the fact that a transaction performed with the use of our Services may be uncompleted or may take place with a delay inside Bitcoin network itself. Upon completion of a request using our Services, you authorize us to request a transaction in Bitcoin network according to the algorithm you ensured with the use of our Services.

Copyright and Intellectual Property

We reserve all rights to the name of and gaining profit (including all copyrights, trademarks, patents, trade secret, as well as all other intellectual property rights) from our services, all content on our services, including on our trademarks, service marks, design, logos, URL-addresses and trade names displayed on our Service, jointly referred to as ECOMINING & CRYPTOTRADERS LIMITED Material according to these Terms and Conditions of Use. We hereby grant you a limited, non-exclusive and non-sublicensable permit to access and use ECOMINING & CRYPTOTRADERS LIMITED Materials for your personal or internal use in business. Any commercial use of ECOMINING & CRYPTOTRADERS LIMITED Materials for your own benefit or for the benefit of third parties is prohibited without a prior agreement with our Service, and you will be prosecuted pursuant to the current legislation of the country of your jurisdiction in the field of protection of copyright and other intellectual property rights.

Authorized Uses of Our Services

You are permitted to use our services strictly in compliance with law and according to the powers you received from us only in the personal manner. You are liable for accuracy and relevancy of your personal information in your profile, including email address and cell phone number. Pseudo-accounts with false data, as well as sort of multi-accounts controlled by the same person are prohibited. You are also liable for maintenance of adequate security, control and confidentiality of information in your account, including password or other codes related to your account and the process of your authorization as the user of our platform. Loss or compromise of this information may lead to unauthorized access to your account, which, in turn, may result in loss or theft of any funds on your account. If you believe that your account was hacked or there are some problems with the operation or security, immediately contact us providing the most detailed description of the problem, including date and part of ECOMINING & CRYPTOTRADERS LIMITED web-site or service, where you faced the problem. We are not liable for any losses you incurred as a result of non-observance of this section or instructions, notices or warnings we may subsequently forward you.

SMS/Text Initial Verification

You need to provide the actual cell phone number to use ECOMINING & CRYPTOTRADERS LIMITED Services. Such number is used as a component of the process of your authentication or verification as the user of our platform. Within the use of ECOMINING & CRYPTOTRADERS LIMITED Services, you agree with receipt of incoming SMS/text messages from us. Please note that despite the fact that we do not charge you for SMS/text messages, SMS-rates of your mobile operator will apply to you. Failure to provide a correct and actual cell phone number may result in restrictions on using ECOMINING & CRYPTOTRADERS LIMITED Services. If ECOMINING & CRYPTOTRADERS LIMITED has reasons to believe that your cell phone number is not valid, does not belong to you or you use the service of IP-telephony to circumvent provision of the actual cell phone number, ECOMINING & CRYPTOTRADERS LIMITED may suspend or otherwise restrict use of ECOMINING & CRYPTOTRADERS LIMITED services.

AML&KYC Verification

This procedure establishes implementation of the requirements of the provisions of legislation regulating counteraction to money laundering and terrorism financing using ECOMINING & CRYPTOTRADERS LIMITED services.
Requirements of international law called “know your customer” (KYC) relate, among other things, to the obligations of ECOMINING & CRYPTOTRADERS LIMITED as a regulated company.
These rules demand, and our company accepts them for execution in order to better understand its customers and their financial transactions allowing monitoring of its transactions on identification and prevention of suspicious transactions.
This procedure was prepared according to the requirements of international legislation in the field of counteraction to money laundering and terrorism financing (hereinafter referred to as the Legislation) United Kingdom of Great Britain and Northern Ireland and Directive 2005/60/ЕС dd. December 26, 2005 of the European Parliament and Council on the prevention of using financial systems for the purpose of money laundering and terrorism financing, as well as the requirements of Regulations (ЕС) 1781/2006 (hereinafter referred to as Regulations (EC) 1781/2006) dd. November 15, 2006 of the European Parliament and Council on the payer’s data taken into account when transferring funds (OL 2006 L 345, p. 1).

Definitions used in this procedure have meanings established in the Legislation.
The procedure of additional verification may consist of the entire set of stages stipulated by these Terms and Conditions, or a part thereof and will be defined at our own discretion in any sequence we choose from among the following elements:
            1. Employees of the company must define whether the User works independently or is under someone’s control and must identify and verify the identity of each of them;
            2. For the purpose of ensuring comprehensive preventive measures, when considering and identifying the customer and beneficiary, the customer must:
            - Receive information from the customer on the purpose and expected nature of business relations;
            - Receive identity documents of the customer containing information on the beneficiary and the customer him/her/itself;
            - Rely on the documents, data and information obtained from a reliable and independent source: information provided by the customer’s bank, official documents containing personal photo and/or corresponding registration number that cannot be easily copied or forged (passport, ID card, driver’s license, registration certificate of a legal entity, notarized copies of documents, etc.) and contain the customer’s name, personal identification number or other unique sequence of figures to identify the person, personal image and (or) signature, etc. (for an individual), or name, address, code, number of registration certificate, TIN, etc. (for a legal entity); publicly available information from data bases; recommendations from other credit organizations, etc. containing information allowing understating the customer’s structure of ownership (if it is a legal entity) and nature of business;
            3. When verifying identity of customers, special attention shall be paid to the fact whether the User is on the list of consolidated entities, their groups and companies with establishments under financial sanctions of the European Union (updated list is available on the official web-site of the European Commission at www.eeas.europa.eu/cfsp/sanctions/consol-list_en.htm~~HEAD=pobj).
            4. Permission to ECOMINING & CRYPTOTRADERS LIMITED employees to execute applications for transactions as soon as the customer provides his/her/its identity documents and complete and accurate data known to the company’s employees, complete data necessary for identification and information necessary for identification of the beneficiary, subject to sufficiency of the provided data for a “clean” transaction.
            5. During identification of a customer (if it is an individual), there are documents complying with our requirements, namely, if they contain the following data on his/her identity:
            - Given name (s);
            - Last name (s);
            - Personal number (applicable to EU citizens);
            - Date of birth, taxpayer individual of social insurance number or other unique sequence of figures to identify the person (applicable to foreigners);
            - Actual place of residence;
            6. Use of two methods to identify a person according to our risk assessment criteria:
            - Simplified customer identification method on the basis of provided copies of identity documents;
            - Consolidated customer identification method on the basis of a request from other sources or establishments on verification/provision of information on the person’s identity or the person him/her/itself, usually – on the basis of notarized copies of identification or financial documents;
            7. When a transaction is being performed with a representative, requested data both on the represented and representative must be established;
            8. In case the customer’s identity is not confirmed in the verification of authenticity of provided data and documents, as well as in case the User is suspected of fraud, ECOMINING & CRYPTOTRADERS LIMITED reserves the right to notify corresponding government authorities and law enforcement agencies of this incident.

Prohibited Activities

You agree not to use ECOMINING & CRYPTOTRADERS LIMITED Services to carry out any illegal activities or take any attempts that may adversely affect functioning of ECOMINING & CRYPTOTRADERS LIMITED Services. You may not participate in any of the following types of activities through our Services and have no right to assist a third party in any such activities: (1) try to get unauthorized access to our services or account of other user; (2) try to circumvent or circumvent security functions, (3) violate any laws, regulations or provisions, (4) reproduce, duplicate, copy or sell your services for any purposes, except for the cases permitted by these Terms and Conditions, (5) participate in any activities insulting, hindering or disrupting our services. If your access to ECOMINING & CRYPTOTRADERS LIMITED Services is blocked (including through entering your IP-address to the black list), you agree not to take any measures to circumvent such blocking (e.g., by concealing IP-address or using IP-address of a proxy server). Use of our services to perform transactions related to illegal use of products or services is prohibited. ECOMINING & CRYPTOTRADERS LIMITED reserves the right to suspend your account temporarily or for ever or otherwise limit the use of ECOMINING & CRYPTOTRADERS LIMITED Services in case of a violation of this section. The User must not use the Service if he/she/it is under 18 years old.

Suspended Accounts

According to the previous sections, ECOMINING & CRYPTOTRADERS LIMITED reserves the right to suspend accounts of users violating these Terms and Conditions temporarily or for ever at its own discretion. If your account is blocked, we will request you to provide Bitcoin-purse address to forward you funds blocked on your account, if any. In such case, profit accrued in your account will be frozen and will not be refunded. ECOMINING & CRYPTOTRADERS LIMITED also reserves the right to transfer an amount at the current BTC – USD exchange rate to the Bitcoin-address you specify only provided the User successfully passes additional verification according to section “AML&KYC Verification”.

State Export Controls

ECOMINING & CRYPTOTRADERS LIMITED Services may be subject to export control pursuant to the current legislation, including United Kingdom of Great Britain and Northern Ireland and the United States. Using ECOMINING & CRYPTOTRADERS LIMITED Services, you realize that you are not an individual or legal entity, including a part of property of such persons or under their control (I) if they are under any sanctions introduced by the Office of Foreign Assets Control of the US Treasury Department, US State Department, United Nations Security Council, European Union, Her Majesty’s Treasury or any other public authority with jurisdiction over ECOMINING & CRYPTOTRADERS LIMITED or ECOMINING & CRYPTOTRADERS LIMITED Services; (II) if they are located, founded or are residents in a country or territory being a subject of economic sanctions, such as Cuba, Iran, Northern Korea, Sudan, Syria, etc. Besides, you represent that you will not use ECOMINING & CRYPTOTRADERS LIMITED Services to perform any transaction with or on behalf of such individual or legal entity listed above in (I) – (III) or otherwise in violation of law. ECOMINING & CRYPTOTRADERS LIMITED may terminate provision of ECOMINING & CRYPTOTRADERS LIMITED Services to you for any reason and without a warning if it establishes that you have violated any of the above restrictions. You understand and agree that ECOMINING & CRYPTOTRADERS LIMITED may be obliged to provide one or more public authorities with access to data on you or your property interests we own or control within obligations charged on us in the manner established by law. You consent to immediately notify ECOMINING & CRYPTOTRADERS LIMITED in writing in case of changes in your status or if it is subject to any of the above restricting regulatory acts.

Trademark

ECOMINING & CRYPTOTRADERS LIMITED and ECOMINING & CRYPTOTRADERS LIMITED logo are our trademarks, registered product or service mark. Any other trademarks mentioned on our web-site are property of their respective owners.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. You use our services at your own risk.
We and our licensors, service providers or subcontractors (if any) do not make any representations or warranties regarding suitability of information, software, products and services contained in our services.
We are not liable to users for the purposes they use our services, for their compliance with any accounting and tax rules, principles or laws and disclaim any statements or warranties regarding the fact that our services will be free from errors, viruses or other harmful components, that communications with the use of our services will be safe and are not subject to interception, as well as the fact that services and other possibilities arising out of our services will be continuous or their content will be accurate, complete and timely.

Indemnification

You agree to assume costs with regard to your employees, agents, consultants, subsidiaries, partners, branches and licensors in case of any property claims, expenses, losses, damage, obligations, court decisions or costs (including reasonable attorneys’ and other experts’ fees) related to any use of our services as a result of your violation of these Terms and Conditions or any right of any other individual or entity.

Limitation of Liability

Neither we, nor our licensors, service providers and subcontractors (if any) are liable for any indirect, special or consequential damage, including as a result of lost profit when or as a result of using our services.

Arbitration & Jurisdiction

You and ECOMINING & CRYPTOTRADERS LIMITED agree to arbitral resolution of any dispute arising out of these Terms and Conditions or in connection with the use of our services, except for the disputes where neither Party seeks fairness and other assistance because of alleged misuse of copyrights, trademarks, brand names, logos or trade secrets, including patens.
Arbitrator prohibits you to turn to court of local jurisdiction or jury until receipt of results of pre-trial dispute resolution procedure. You and ECOMINING & CRYPTOTRADERS LIMITED agree to notify each other in writing of any dispute within 30 (thirty) days from the date of its occurrence. Your notice to ECOMINING & CRYPTOTRADERS LIMITED should be forwarded to disput@ecocoins.com.
You and ECOMINING & CRYPTOTRADERS LIMITED further agree: (I) to try to resolve a dispute unofficially before turning to arbitration; (II) that the place of any arbitration will be United Kingdom of Great Britain and Northern Ireland; (III) that arbitration will be confidential and will be conducted by one arbitrator according to the rules of Arbitration Legislation in United Kingdom of Great Britain and Northern Ireland; and (IV) that courts in United Kingdom of Great Britain and Northern Ireland have exclusive jurisdiction over any arbitral requirements and in any claim between the Parties that is not subject to arbitration.
Any dispute between the Parties shall be governed by these Terms and Conditions and the legislation of United Kingdom of Great Britain and Northern Ireland, without possible legal effect of conflicting provisions of the law rules and the ones within legislation of another jurisdiction. Upon beginning of consideration of a dispute in the arbitration or court, neither you, nor ECOMINING & CRYPTOTRADERS LIMITED shall initiate other proceedings against each other in other arbitration or court until resolution of a dispute on its merits.

Limitations

Within the current legislation of your jurisdiction, you agree not to act as a plaintiff and not to have any claims against ECOMINING & CRYPTOTRADERS LIMITED or our licensors, service providers or subcontractors (if any) on grounds related to access or use of our Services within 1 (one) year since the occurrence of such grounds, i.e. until expiration of the limitation period for the reason of the claim. In case of satisfaction of the User’s claims by court decision, the period of enforcement of such decision may not exceed 1 (one) year from the date of entering of such decision into legal force.

Unclaimed Property

Pursuant to the current legislation, upon expiry of a certain period of your inaction in your ECOMINING & CRYPTOTRADERS LIMITED account, we will have to report for and/or to take Bitcoins in safe custody pursuant to the requirements of legislation on unclaimed property.